Jonathan Scott Smith Criminal Defense Firm

Burglary of Howard County Home Alleged
Burglary charges were filed against two men on Thursday, March 14, 2013, alleging that they committed a burglary of an Ellicott City home located in the 3700 block of Ligon Drive, reported The Baltimore Sun.

Christopher Michael Kelly of Columbia, and Luther Danny Davidson of West Friendship, were arrested by Howard County Police and charged with burglary, after the car they occupied was seen in the driveway of an Ellicott City home. A police search discovered evidence of the burglary, including stolen items, burglary tools, and a handgun.

What is Burglary in the First Degree in Maryland?

Under Maryland law, a person may not break and enter the dwelling of another with the intent to commit theft or a crime of violence. This is the definition of first degree burglary. The penalty for first degree burglary is imprisonment not exceeding 20 years.

What is Second Degree Burglary in Maryland?

There are two different violations that constitute second degree burglary. First, a person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the second degree. If he does, he is guilty of a felony and the penalty is imprisonment not exceeding 15 years. Second, a person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm. This also is a felony, and the penalty is imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.

Highly Rated Criminal Defense Attorney Howard County, MD

Attorney Jonathan Scott Smith brings more than three decades of trial experience to criminal defendants in and around Howard County, Maryland. He has built an outstanding reputation with clients and colleagues. Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

If you are under investigation for burglary, or have been arrested and charged with burglary charges, attorney Jonathan Scott Smith will fight for you and aggressively protect your constitutional rights.

Contact Us

Call our office at 410-740-0101, or contact us online, to schedule an appointment. We represent people accused of burglary and other crimes throughout Maryland, including Howard County, Anne Arundel County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County.

Burglary Cases in Ellicott City Cause Police to Detain Suspect
Burglary charges were filed against 23-year-old Cornelius Antonio McRae, a Baltimore resident, in January, reported The Baltimore Sun. Howard County police arrested and charged McRae with multiple counts of burglary, assault and theft. Police identified him as a burglary suspect through records obtained from pawn shops in the area.

Howard County Police believe that most of the thefts occurred while the victims were sleeping and that McRae entered the homes through unlocked doors. The items stolen in the various burglaries, mostly occurring in December, 2012, were similar — credit cards, money, wallets, purses and electronic devices, including laptops.

Burglary Charges Filed Against Baltimore Man

Once police considered McRae a burglary suspect, they learned through the course of their investigation that he had been seen driving a stolen 2013 Honda. On-duty officers observed the unoccupied Honda in Columbia on January 6, near the location of a burglary that had just occurred. As they watched the vehicle, McRae walked up to it with a stolen purse in hand. Police approached McRae and he fled. Officers located him in a nearby dumpster with stolen items in his possession.

McRae has been charged with four counts of first-degree burglary, third-degree burglary and fourth-degree burglary, as well as theft and second-degree assault (he resisted arrest and injured a police officer in the process). He is currently being held on $300,000 bond in Howard County.

Burglary Statistics

FBI statistics reveal that there are approximately 2.1 million burglaries in the United States annually. About 75% of those are residential burglaries. Burglaries account for one quarter of all property crimes. There were 1,393 burglaries in Howard County in 2010, according to the Howard County Police Department.

What is Burglary in the First Degree in Maryland?

Under Maryland law, a person may not break and enter the dwelling of another with the intent to commit theft or a crime of violence. This is the definition of first degree burglary. The penalty for first degree burglary is imprisonment not exceeding 20 years.

What is Second Degree Burglary in Maryland?

There are two different violations that constitute second degree burglary. First, a person may not break and enter the storehouse of another with the intent to commit theft, a crime of violence, or arson in the second degree. If he does, he is guilty of a felony and the penalty is imprisonment not exceeding 15 years. Second, a person may not break and enter the storehouse of another with the intent to steal, take, or carry away a firearm. This also is a felony, and the penalty is imprisonment not exceeding 20 years or a fine not exceeding $10,000 or both.

Highly Rated Criminal Defense Attorney in Maryland

Attorney Jonathan Scott Smith brings more than three decades of trial experience to criminal defendants in and around Howard County, Maryland. He has built an outstanding reputation with clients and colleagues. Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers and clients:

“Client’s Choice Award” by AVVO, based on average client reviews of 5 stars — the highest client review possible.

2012 Top Rated Lawyer by The American Lawyer magazine and Martindale-Hubbell.

These are the highest ratings possible for legal skill, ethical practice, a lawyer’s years in practice, disciplinary history, professional achievements and industry recognition.

Attorney Smith handles a wide range of criminal matters including theft offenses, such as burglary, robbery and possession of stolen property.

Criminal Defense Lawyer Howard County, MD

If you are under investigation or have been arrested and charged with a crime, attorney Jonathan Scott Smith will aggressively protect your constitutional rights. Call our office at 410-740-0101, or contact us online, to schedule an appointment. We represent people accused of burglary and other crimes throughout Maryland, including Howard County, Baltimore County, Carroll County, Frederick County, Prince George’s County and Montgomery County.

Maryland has targeted Thanksgiving with mobile and stationary patrols. Additionally, the Maryland State Police’s operation “Centerpoint Strikeforce” regularly sets up checkpoints throughout the state.

The Centerpoint Strikeforce operation recently checked 130 cars near the Md. 85 and Executive Way in just a four-hour weekend-period, but no one was arrested on drunk driving charges. This particular Maryland location was chosen because of the area’s relative frequency of DUI arrests and crashes involving alcohol.

Interestingly, the American Beverage Institute notes a University of Maryland study (2009) that indicates sobriety checkpoints do not in fact affect drivers’ actions. Rather, research seems to indicate that roving police cars tend to make more DUI arrests.

Throughout the United States authorities have been cracking down on DUI drivers just before and during holidays. For those interested, it is possible to find the location of these DUI police checkpoints online, through websites devoted specifically to tracking DUI checkpoints. Also, police departments often announce their plans to conduct sobriety checkpoints (but not the locations).

Holidays such as Labor Day typically have more drunk-driving related crashes. For instance, during Labor Day weekend in 2010, 147 people died as a result of car crashes that involved a drunk driver.

Accused of DUI or DWI in MD? Contact an Experience Criminal Defense Attorney

To schedule an appointment with an experienced criminal defense lawyer at the Smith Criminal Defense Firm in Columbia, Maryland, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Helping You Understand Maryland’s Laws and Your Legal Rights

Texting While Driving Prohibited

In October of 2011, Maryland lawmakers tightened legal restrictions for texting while driving. Previously, drivers were banned from talking on a cell phone or typing out texts while driving. As of October 1, 2011, drivers are prohibited from writing, sending, or reading a text message (or other electronic message) while operating a motor vehicle in the travel portion of the roadway. The only permitted exceptions are (1) use of a global positioning system, and (2) contacting a 911 system.

Additionally, police officers were at one time unable to charge drivers for texting unless the driver was pulled over for another offense such as speeding. Drivers can now be pulled over solely for the charge of cell phone use or texting.

What are the Penalties for Texting While Driving in Maryland?

Legal penalties in the form of fines are relatively light, but they increase if the accused contests the charge and loses in court. If a driver receives a citation for texting while driving, and chooses not to contest the charge, the penalties are 1 point and a $70.00 fine, and 3 points and a $110.00 fine if the violation contributed to an accident. If a driver contests the citation in court, and is found guilty, the penalties are 1 point and up to a $500.00 fine, and 3 points and up to a $500.00 fine if the violation contributed to an accident.

Learn More about Distracted Driving Laws

Howard County Traffic Ticket Lawyer

If you have been charged with texting while driving, or using a cell phone while driving, and wish to contest the charge or simply learn more about your rights, contact Jonathan Scott Smith of the Smith Criminal Defense Firm.

Jonathan Scott Smith is a former prosecutor and Howard County traffic ticket lawyer with more than 30 years of experience representing drivers in traffic violation cases. Many of our new cases are referred to us by former clients or by other attorneys. He fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Mr. Smith’s extensive trial experience — and track record of successful results — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense and traffic ticket attorneys in Columbia, Ellicott City, and Howard County.

Contact Our Office

For an appointment, contact us by e-mail or call us at 410-740-0101. Put an experienced Maryland traffic violations defense lawyer to work for you. We accept Visa, MasterCard, Discover and American Express.

Criminal Defense in Columbia, Ellicott City, and Howard County, MD

Being charged with a crime is serious. Your reputation, your finances and even your freedom may be at stake. So if you have been charged with a crime in Maryland, your first question may well be: “Which criminal defense lawyer should I retain?”

The first question you need to ask yourself is whether to retain a local criminal defense attorney, or whether you want to bring in a criminal defense attorney from out of town. The reference to “local criminal defense attorney” refers to someone with actual experience in the courtroom where you will be facing trial. Retaining a local criminal defense lawyer has some distinct advantages.

Here are the top five reasons why you should consider retaining the services of a local lawyer:

Reason #1: You should hire a local Maryland criminal defense attorney to defend you against criminal charges because each court has their local rules and customs that an out-of-town attorney may not be familiar with and may inadvertently jeopardize your defense.

Reason #2: You should hire a local attorney to defend you against criminal charges because a local attorney will likely have an established relationship with the court, and have earned a reputation for trustworthiness and ethical representation, which can help provide you with an excellent defense.

Reason #3: You should hire a local attorney to defend you against criminal charges because an attorney who is familiar with the tendencies of a judge and a court will be in a better position to evaluate your defense and properly advise you regarding taking the stand.

Reason #4: You should hire a local attorney to defend you against criminal charges because your attorney would be from the same area as the prosecuting attorney, and therefore in a better position to convey your side of the case more effectively and determine whether a favorable plea agreement can be reached.

Reason #5: You should hire a local attorney to defend you against criminal charges because if your case goes to trial, a jury of your peers will be selected, and a local lawyer may be in a better position to understand and communicate with those jurors than an attorney from out-of-town.

Of course, these reasons are all premised on having a local attorney who has experience, integrity and the proper attitude and caring to provide you with excellent representation and service.

Howard County, Columbia, and Ellicott City Criminal Lawyer

Attorney Jonathan Scott Smith is a top rated former criminal prosecutor, with over 30 years of courtroom experience in numerous criminal courts throughout the Baltimore area, including Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County. He has handled thousands of criminal defense cases, and chances are excellent he has tried cases in the same courtroom, with the same judge, and knows the prosecuting attorney who will be handling your case. You can see what many satisfied clients have to say about the job he did for them. In addition, you can check the results in real cases he has handled.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in domestic violence, domestic assault, and other criminal cases — has earned him the recognition of the legal community, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense attorneys in Howard County.

Contact Our Office

To schedule an appointment, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to work for you. We accept Visa, MasterCard, Discover and American Express.

Howard County Domestic Assault Trial
A 37-year old program manager for a major defense contractor was arrested by Howard County Police and charged with domestic assault after an argument with his wife. The accused rejected a plea offer and demanded his constitutional right to fight the charges in a trial. The case was tried in the District Court for Howard County.

Prosecutor Dismisses Domestic Assault Charges During Trial

When the case proceeded to trial, the prosecutor called the wife as the prosecution’s first witness. Jonathan Scott Smith, a Howard County domestic assault lawyer representing the husband, cross-examined the complaining witness. Mr. Smith aggressively questioned the wife about her history of filing domestic violence charges in prior relationships. Her testimony about the day of the alleged domestic assault, and the way the altercation supposedly happened, was so confusing and muddled that the prosecutor abruptly dismissed the charges in the middle of cross-examination.

What is Domestic Violence Assault?

Under Maryland law, a second degree assault (which includes what is commonly referred to as “domestic assault” or “domestic violence assault”) occurs when someone places the victim in reasonable fear of an imminent harmful or offensive touching, and the actor has the present apparent ability to carry out the threat. Assault also includes the consummated act of battery, which is an intentional harmful or offensive touching.

Penalties for Domestic Assault

Second degree assault is a misdemeanor. If convicted, the court may impose a sentence up to 10 years imprisonment, a $10,000.00 fine, or both. A conviction can have many other devastating consequences, including loss of employment; loss of a security clearance; inability to possess firearms, including hunting rifles and shotguns; and deportation if one is not a United States citizen.

Ellicott City and Columbia Domestic Assault Lawyer

Mr. Smith is a top rated attorney and former prosecutor with more than 30 years of extensive trial experience, including domestic violence and domestic assault cases. Attorney Smith has handled thousands of domestic assault and other criminal cases in the local courts, including Howard County. Mr. Smith fights hard for his clients. That’s why many satisfied clients think so highly of him. Mr. Smith’s results speak for themselves.

Highly Rated Howard County Criminal Lawyer

Mr. Smith’s extensive trial experience — and track record of successful results in domestic violence, domestic assault, and other criminal cases — has earned him the recognition of the legal community, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense attorneys in Howard County.

To schedule an appointment with an experienced domestic assault lawyer and criminal defense attorney, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.

Criminal Defense in Columbia, Ellicott City, and Howard County, MD

If you have been charged with a serious crime in Maryland, your best bet may be to retain former prosecuting attorney as your criminal defense lawyer. A former prosecuting attorney has several distinct advantages in defending you against criminal charges:

Advantage #1: A former Maryland prosecuting attorney has the background and experience to understand how a prosecutor will likely approach your case. As a former prosecuting attorney, your defense lawyer can look at the evidence from both points of view and see the strengths and weaknesses in your case from the prosecutor’s perspective.

Advantage #2: Retaining a former Maryland prosecuting attorney as your criminal defense lawyer means you will be represented by someone who not only has criminal law experience and understands criminal procedure, but likely you will be defended by someone who has earned the respect of the courts and the judges.

Advantage #3: By understanding the strengths and weaknesses of your case from a prosecutor’s point of view, a former Maryland prosecuting attorney as your criminal defense lawyer will be in a better position to negotiate a favorable plea agreement, or render excellent advice regarding any plea offer provided by the prosecutor.

Advantage #4: Prosecutors understand that criminal defense lawyers who were former prosecutors will make the prosecuting attorney dot their i’s and cross their t’s. They will have to put in many extra hours, which may be difficult for overworked staff, especially with government cutbacks. This means they may be more inclined to make a deal, and you may have a greater likelihood of a more favorable plea offer.

Advantage #5: As a former prosecuting attorney, your criminal defense lawyer will have likely tried hundreds of cases in front of most judges in the area. This means they will have an understanding of what the judge expects and how the judge is likely to rule on the admission of certain evidence, as well as any peculiarities the judge may have regarding courtroom decorum. This may make it easier and less expensive to fashion a strong defense.

Attorney Jonathan Scott Smith is a top rated former criminal prosecutor, with over 30 years of courtroom experience in numerous criminal courts throughout the Baltimore area, including Baltimore County, Anne Arundel County, Carroll County, Prince Georges (Prince George) County, Howard County and Montgomery County. He has handled thousands of criminal defense cases, and chances are excellent he has tried cases in the same courtroom, with the same judge, and knows the prosecuting attorney who will be handling your case. You can see what many satisfied clients have to say about the job he did for them. In addition, you can check the results in real cases he has handled.

Contact Our Office

To schedule an appointment, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to work for you. We accept Visa, MasterCard, Discover and American Express.

Drug Charge Defense in Columbia, Ellicott City, and Howard County, MD

Drug dealing is not only a crime, it is a dangerous business. According to the Baltimore Sun, a man and a woman were indicted by a Howard County jury for shooting a man after an alleged drug deal went bad. Although the motivation for the shooting is not yet known, police have indicated that drugs, specifically large quantities of marijuana, were involved.

Eric Brandon Miller and Zehra Senel Oztas were allegedly involved in a drug deal with a Columbia man named Lee. Police believe Lee was wounded during a drug deal where he was trying to sell a substantial quantity of marijuana to Miller and Oztas. The man and woman accused of the shooting are facing charges of armed robbery, conspiracy to commit armed robbery, first-degree assault and use of a handgun for a felony or violent crime, according to the Baltimore Sun.

Drug dealing is not only a crime, but dangerous. If you are charged with dealing drugs in Maryland, including:

Marijuana

Crack Cocaine

Heroin

Methamphetamines (Meth)

Club drugs (e.g., X, ecstasy)

Prescription narcotics

Other drug related charges

You should seek counsel from an experienced Maryland criminal defense attorney.

Contact Our Office

To schedule an appointment, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to work for you. We accept Visa, MasterCard, Discover and American Express.

DWI and DUI Defense in Columbia, Ellicott City, and Howard County, MD

While DUI and DWI are synonymous in most states, that is not the case in Maryland, which does draw a distinction between Driving While Impaired (DWI) and Driving Under the Influence (DUI). You will be charged with a DWI if your Blood Alcohol Content (BAC) is .07 percent; and you will be charged with a DUI if your BAC is .08 percent or higher. Although both Maryland DWI and Maryland DUI carry stiff penalties for a conviction, the conviction of a DUI carries more harsh penalties.

The following are the parameters of the penalties if you are convicted of a DWI in Maryland:

DWI First Arrest Conviction

Up to 2 months in jail (6 months if transporting a minor)

Up to $500 fine ($1000 if transporting a minor)

Minimum 6 months suspended drivers license

DWI Second Arrest Conviction

Up to 1 year in jail

Up to $500 fine ($2000 if transporting a minor)

Minimum 1 year suspended drivers license

The following are the parameters of the penalties if you are convicted of a DUI in Maryland:

DUI and DWI charges are serious in Maryland. If is important to retain a skilled criminal defense lawyer as soon as possible after being charged with a DUI or DWI, or other alcohol or drug related charge, in Maryland

Contact Our Office

To schedule an appointment, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to work for you. We accept Visa, MasterCard, Discover and American Express.

Howard County Police charged a Baltimore man with coming onto Long Reach High School in Columbia and assaulting a student. He was charged with second degree assault and disorderly conduct. An onlooker videotaped the incident and posted the video online.

What is Assault?

Under Maryland law, a second degree assault (also known as assault 2) occurs when someone places the victim in reasonable fear of an imminent harmful or offensive touching, and the actor has the present apparent ability to carry out the threat. Assault also includes the consummated act of battery, which is an intentional harmful or offensive touching. Domestic assault and domestic violence assault are two examples of assault.

Penalties for Assault

Second degree assault is a misdemeanor. If convicted, the court may impose a sentence up to 10 years imprisonment, a $10,000.00 fine, or both.

Mr. Smith’s extensive trial experience — and track record of successful results in assault and other criminal cases — has earned him the recognition of his peers, with an AV® Preeminent™* Peer Review Rating in the Martindale-Hubbell peer review rating process, and a 10.0 Superb AVVO rating. These are the highest ratings possible for legal skill, ethical practice, lawyer’s years in practice, disciplinary history, professional achievements and industry recognition. Attorney Smith is considered to be one of the best criminal defense attorneys in Howard County.

To schedule an appointment with an experienced criminal defense lawyer, contact us online or call us at 410-740-0101. Put the skill and experience of a former prosecutor to fight for you. We accept Visa, MasterCard, Discover and American Express.